Civil Procedure Code (CPC)

Limitation

Retired Professor of surgery

My wife's appeal is allowed in a criminal appeal (Prevention of Corruption Act) by the High Court on 10th June 2021. When can we be sure that there is no appeal (Considering the Covid situation) by Govt?

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Advocate

Give more clarity on your query? 


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ami khulbo
 
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Appeal if not filed within limitation period , can be filed with delay condonation petition so it can not be certainly said about it's filing.

 
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Retired employee.

It all depends on the Counter/argument of the other party.   Once your advocate accepted to file an appeal, he might have considered that the appeal is filed within the limitation period and there are enough reasons for praying condonation of delay if any. 

 
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Advocate

Originally posted by : Dr T.A.Vasu
My wife's appeal is allowed in a criminal appeal (Prevention of Corruption Act) by the High Court on 10th June 2021. When can we be sure that there is no appeal (Considering the Covid situation) by Govt?

Facts, as posted, lacks In which clarity. In which capacity your wife had preferred the appeal - as the accused or the victim? Please post complete facts.

 
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Retired employee.

Do not be overconfident and depend on limitations when the other party is Government.  There are cases in which they could convince HC for extension of such limitation period even for, more than 2 years.  Appeals by and for Government is larger public interest matters.   The corruption charge may not be taken leniently by HC. and HC is certain to consider Govt version for the delay.

 
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Advocate

If your wife's appeal was allowed by high court, then the government side may prefer an appeal against it before supreme court, hence you may first file a caveat petition before supreme court so that you will come to know if they prefer an appeal agaisnt the decision of the high court in this regard. 

 
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Advocate

In my considered opinion, there could be more than one disadvantage in filing the caveat. Firstly, you would be waking up the prosecution to expedite their decision in filing the SLP. Secondly, it is not the routine that a SLP is admitted (i.e. the leave is granted); filing of the caveat renders the grant of leave a certainty.

Filing of the  SLP could be ascertained through e-court (https://main.sci.gov.in/case-status)

 
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